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Petition	for	Exemption	and	Relief	from	Specific	Regulations	of	Title	14	of	

the	Code	of	Federal	Regulations	Pursuant	to	Section	333	of	the	FAA	

Modernization	and	Reform	Act	of	2012	(Public	Law	112-95)

Introduction	and	Interest	of	the	Petitioner

Remote sensing techniques have been used for decades in the assessment of both terrestrial and 

marine ecosystems. These techniques have employed conventional aircraft as well as satellites 

equipped with sensors intended to measure temperature and spectral reflectance. The use of these 

platforms is relatively expensive and in the case where conventional aircraft are employed the effort can 

expose pilots and other personnel to significant risk. Unmanned Aircraft Systems (UAS) can perform 

many of the same functions at reduced cost, greater accuracy and efficiency, and with much reduced 

risk to both operators and the public.

The Annis Water Resources Institute of Grand Valley State University is requesting the use of UAS in its 

long-term evaluation of climate change, land use change, air pollution, and water quality. Our research 

would include flights over publicly held open waters including the Great Lakes (specifically Lake 

Michigan), other large inland lakes, rivers, and minor tributaries. Our assessments will on occasion 

included terrestrial environments such as remote forest and agricultural land areas with permission and 

cooperation from private property owners and those regulatory agencies with jurisdiction.

Overview	of	Proposed	UAS

Aircraft ID 3DR - Skywalker 3DR - Hexacopter 3DR – Iris+

Aircraft Type Fixed Wing Multirotor (6 Rotors) Multirotor (4 Rotors)

Aircraft Weight 1134g/2.5lbs 1944g/4.3lbs 1700g/3.75lbs

Max Take Off Weight 1250g/2.75lbs 2060g/4.5lbs 1774g/3.9lbs

Dimensions 1680 mm Wingspan 812x812x280 mm 660x508x228 mm

Max Flight Time 45 minutes 15 minutes 15 minutes

Max Airspeed 20 kts 40 kts 40 kts

Propulsion Brushless DC motor Brushless DC motors Brushless DC motors

Power 11.1v 3 Cell Lithium 

Polymer Battery

11.1v 3 Cell Lithium 

Polymer Battery

11.1v 3 Cell Lithium 

Polymer Battery

Payload Digital Compact 

Camera

Digital Compact 

Camera

Digital Compact / 

Video Camera

Airframe Construction EPP Foam and 

Balsa/Lite Plywood

Fiberglass and 

Aluminum

ABS Plastic and 

Carbon Fiber
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Qualification	for	Approval	under Section	333	of	the	Reform	Act

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 

of the Reform Act. Each of the statutory criteria and other potentially relevant factors are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS under controlled 

conditions in airspace that is: (1) limited; (2) predetermined; (3) away from populated areas; (4) would 

provide an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to 

accomplish the same purpose.

The UAS's to be operated are rotorcraft and fixed wing aircraft, each weighing less than 5 lbs., and 

always less than 55 lbs., including payload. They would operate, under normal conditions, at a speed of 

no more than 50 knots. The principal construction material of the UAS aircraft would typically be foam, 

carbon fiber, aluminum, balsa, lite plywood and/or plastic. Operations will be performed by a qualified 

UAS Pilot in Command (PIC), as outlined below, to insure that the UAS will "not create a hazard to users 

of the national airspace system or the public." Given the small size of the UAS involved and the pre---

planned environment within which they will operate, the applicant believes that these operations be 

save and satisfy what Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UAS to commence immediately. Also, due to the size of the UAS and the predefined, 

restricted area in which the UAS will operate, approval of the application presents no national security 

issue. The operation of UAS by knowledgeable professionals will serve to enhance safety, add to the 

public benefit, and reduce environmental impacts related to current methods of manned aircraft flight 

operations. These limitations and conditions to which the operator, or its employees, acting as UAS PIC 

agrees to be bound when conducting operations under a FAA issued exemption:

1. Operations authorized by this grant of exemption are limited to the following aircraft: 3DRSkywalker, 3DR-Hexacopter, and 3DR- Iris +.

2. The Unmanned Aircraft (UA) and payload will weigh less than 55lbs.

3. UA will be flown at ground speeds not greater than 50 knots..

4. UA will be operated at altitudes not greater than 400 feet Above Ground Level (AGL). Altitudes 

reported to ATC will be in feet AGL

5. The UAS PIC will hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S driver’s 

license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the 

Federal government. The PIC will also meet the recent flight experience requirement stated in 

14 CFR § 61.57 and flight review requirements stated in 14 CFR § 61.56. 

6. In addition to holding an FAA issued airman certificate, UAS PIC must complete a Grand Valley 

State University – Annis Water Resources Institute training program. This training will include 

detailed review of manufacturer operating manuals and practical demonstration of ability to 

safely operate UAS in a manner consistent with how the UAS will be operated under this 
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exemption (to include evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vehicles, vessels and structures). PIC qualification will have a currency 

requirement of at least three takeoffs and landings within the preceding 90 days. PIC 

qualification flight hours will be logged in a manner consistent with 14 CFR § 61.51.

7. UA will not be operated within 5 nautical miles (NM) of an airport having an operational control 

tower without obtaining a letter of agreement with the airport’s management. This agreement 

will be available to the FAA Administrator. UA will not be operated within 3 NM of an airport 

with a published instrument flight procedure but not an operational control tower, or 2 NM of 

an airport without a published instrument flight procedure or operational control tower, or 2 

NM of a heliport with a published instrument flight procedure. Flights will be operated in Class G 

airspace whenever possible. If operation in other airspace is required, the relevant controlling 

agency will be notified at least 24 hours prior to the operation and, if required, any necessary 

permission obtained.

8. UAS flights will operate within visibility and cloud clearance requirements equivalent to Visual 

Flight Rules (VFR).

9. UAS operations will not be conducted during night, as defined within 14 CFR § 1.1.

10. UA flights over land will not be operated by the PIC from any moving vehicle or device. UA 

flights conducted entirely over water may be operated from a suitable vessel.

11. UA will not be operated from a raised platform.

12. The UA will remain clear of and yield right of way to manned aviation operations.

13. UA will be operated within visual line of sight (VLOS) of the PIC at all times. The PIC will use 

human vision unaided by device other than corrective lenses as specified on PIC’s FAA medical 

certificate. The UA is not equipped with first person view (FPV) capability.

14. UAS operations will employ a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement as long as the PIC maintains VLOS capability. The VO and PIC must be able to 

communicate verbally for the duration of the flight. Electronic messaging or texting is not 

allowed during flight operations.

15. The VO will perform no duties other than assisting the PIC see and avoid other aircraft, 

obstacles, persons, or property.

16. UAS will be equipped with an autopilot system which will be at least equivalent to the 3DR APM 

or Pixhawk autopilot systems. The UAS supports telemetry to a GCS (GCS) through 3DR 915MHz 

ratios or equivalent Digi XBee radio modules. This configuration allows the constant monitoring 

of system functions including airframe speed, altitude, battery charge, gps position relative to a 

coordinate registered map overlay, telemetry health, and manual override of autonomous 

programming. The GCS allows independent operation of the airframe providing redundancy and 
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an added level of safety to the onboard remote control receiver and PIC operated transmitter. 

This configuration allows failsafe features including return-to-home (RTH) and flight abort 

functions. 

17. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. 

Checklists developed from manufacturer operating documents will be the basis for this 

inspection as well as other safeguards developed by GVSU/AWRI which are specific to its 

operations. If the inspection reveals a condition that affects safe operation of the UAS, the 

aircraft is prohibited from operating until necessary maintenance has been performed and the

UAS is found to be in a safe condition for flight. The GCS must be included in the preflight 

inspection.

18. All UAS operations will be conducted over remote and sparsely populated property or over open 

waters. Permission for flight will be obtained in advance from property owners or controlling 

agency. 

19. Flight boundaries will be established for each flight and such boundaries will be designed such 

that the UA will pass no closer than 500 feet from nonparticipating persons, vehicles or 

structures.

20. If the UAS loses communications or loses GPS signal, the UA will return to a predetermined 

location within the established flight boundary and land or be recovered in accordance with 

manufacturer operations documents.

21. The PIC will abort any flight in the event of unpredicted obstacles, occurrence of adverse 

weather, or loss of UAS flight control capability in accordance with manufacturer operations 

documents.

22. The PIC is prohibited from beginning a flight unless (considering wind and forecast conditions) 

there is enough power to fly the planned route to the intended landing point and land the UAS

with 25% of battery capacity remaining.

23. Documents required by 14 CFR § 91.9 and 91.203 will be available to the PIC at the GCS of the 

UAS whenever the aircraft is operating. These documents will be made available to the 

Administrator or any law enforcement official upon request.

24. Before conducting flight operations, the radio frequency spectrum used for operation and 

control of the UA must comply with Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.
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25. A Flight Operations and Maintenance Log will be maintained for each UAS. Cumulative flight 

hours, maintenance activities, repairs, alterations, and inspections will be noted.

26. Any UAS maintenance or alterations that affect UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, must undergo a functional test flight. The PIC who 

conducts the functional test flight must make an entry in the Flight Operations and Maintenance 

Log.

Specific Sections of 14	CFR	from	which	Petitioner	Seeks	Exemption	or	Relief

FAR Description

Part 21, Subpart H;

Part 27

Airworthiness Certificates, Certifications, and Standards

45.23(a) and (b); 45.27(a); and 

91.9(c);

Aircraft Marking and Identification Requirements

61.23 (a) and (c); 61.101(e)(4) 

and (5); 61.113 (a) and (b);

61.133; 61.315

Private, Recreational and Sport Pilot Medical Certificate, 

Privileges and Limitations

91.405(a); 91.407(a)(1);

91.409(a)(1) and (2);

91.417(a) and (b)

Maintenance and Inspection Requirements

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and

(b)

Carrying Aircraft Flight Manual, Certification and Registration in the

Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions
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14 CFR Part 21, Subpart H – Airworthiness Certificates 

The FAA has stated that no exemption is needed from this section if a finding is made under Part 11 and 

Section 333 of the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to civil aircraft normally used for the same application. The petitioner submits that given the 

small size of the UAS, the limited operating areas and procedures defined within the training and

operations section of the petition, an equivalent level of safety is obtained and exemption is not 

required (see Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352). If however, the FAA 

determines that there are some characteristics of the chosen UAS that fail to meet the requirements of 

the Reform Act, an exemption is requested.

14 CFR Part 27 – Airworthiness Standards: Normal Category Rotorcraft

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal category 

rotorcraft. To the extent petitioner’s UAS would otherwise require certification under Part 27, petitioner 

seeks exemption for the same reasons identified in the request for exemption from 14 CFR Part 21, 

Subpart H.

14 CFR § 45.23 (a)(b), 45.27(a),and 91.9 (c) – Marking of the Aircraft

Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft marks consisting 

of the Roman capital letter “N” (denoting United States registration) followed by the registration 

number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital 

letter. (b) When marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, 

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

“limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

Regulation 45.27(a) states that Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

Regulation 91.9 (c) provides: No person may operate a U.S.---registered civil aircraft unless that aircraft 

is identified in accordance with part 45 of this chapter.

The UAS has no entrance to the cabin, cockpit, or pilot station on which markings can be placed. Given 

the small size of the UAS, two-inch lettering will not be possible. In a previous Grant of Exemption, the 

FAA determined that exemption from these requirements was warranted provided that the aircraft 

“have identification (N-Number) markings in accordance with 14 CFR Part 45, Subpart C if the markings 

are as large as practicable.” The petitioner additionally proposes to place all required markings, placards, 

flight envelope restrictions, cautionary notices in an easily visible location at the UAS GCS. The FAA has 

issued several exemptions to this regulation: see Exemptions Nos. 8738, 10167, 10167A, 10700, and 

12656. Each GVSU-AWRI UAS will be registered with the FAA using the online registration process, and 
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each UAS will be labeled in a conspicuous manner somewhere on its airframe either by engraving, 

permanent label, or permanent marker as required by FAA. 

14 CFR § 61.23 (a), 61.101 (e)(4) and (5), 61.113 (a)(b), 61.133(a)(i)(ii), 61.315; – Private and 

Commercial Pilot Privilege and Limitations

Regulation 61.23 (a) refers to “Medical certificates: Requirement and duration.” 

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this 

section, a person—

(1) Must hold a first-class medical certificate:

(i) When exercising the pilot-in-command privileges of an airline transport pilot certificate;

(ii) When exercising the second-in-command privileges of an airline transport pilot certificate in 

a flag or supplemental operation inpart 121 of this chapter that requires three or more pilots; or

(iii) When serving as a required pilot flightcrew member in an operation conducted 

underpart 121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

(i) Second-in-command privileges of an airline transport pilot certificate inpart 121 of this 

chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

(ii) Privileges of a commercial pilot certificate; or

(3) Must hold at least a third-class medical certificate—

(i) When exercising the privileges of a private pilot certificate;

(ii) When exercising the privileges of a recreational pilot certificate;

(iii) When exercising the privileges of a student pilot certificate;

(iv) When exercising the privileges of a flight instructor certificate and acting as the pilot in 

command;

(v) When exercising the privileges of a flight instructor certificate and serving as a required pilot 

flight crewmember;

(vi) When taking a practical test in an aircraft for a recreational pilot, private pilot, commercial 

pilot, or airline transport pilot certificate, or for a flight instructor certificate; or

(vii) When performing the duties as an Examiner in an aircraft when administering a practical 

test or proficiency check for an airman certificate, rating, or authorization.
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Regulation 61.101 (e)(4) and (5) states Except as provided in paragraphs (d) and (i) of this section, a 

recreational pilot may not act as pilot in command of an aircraft –

(4) For compensation or hire;

(5) In furtherance of a business;

Regulation 61.113 stipulates (a) Except as provided in paragraphs (b) through (h) of this section, no 

person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection 

with any business or employment if: (1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire.

Regulation 61.133 stipulates (a) Privileges—(1) General. A person who holds a commercial pilot 

certificate may act as pilot in command of an aircraft—

(i) Carrying persons or property for compensation or hire, provided the person is qualified in 

accordance with this part and with the applicable parts of this chapter that apply to the 

operation; and

(ii) For compensation or hire, provided the person is qualified in accordance with this part and with 

the applicable parts of this chapter that apply to the operation.

Regulation 61.315 stipulates What are the privileges and limits of my sport pilot certificate?

(a) If you hold a sport pilot certificate you may act as pilot in command of a light-sport aircraft, except as 

specified in paragraph (c) of this section.

(b) You may share the operating expenses of a flight with a passenger, provided the expenses involve 

only fuel, oil, airport expenses, or aircraft rental fees. You must pay at least half the operating expenses 

of the flight.

(c) You may not act as pilot in command of a light-sport aircraft:

(1) That is carrying a passenger or property for compensation or hire.

(2) For compensation or hire.

(3) In furtherance of a business.

(4) While carrying more than one passenger.

(5) At night.
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(6) In Class A airspace.

(7) In Class B, C, and D airspace, at an airport located in Class B, C, or D airspace, and to, from, 

through, or at an airport having an operational control tower unless you have met the 

requirements specified in§ 61.325.

(8) Outside the United States, unless you have prior authorization from the country in which you 

seek to operate. Your sport pilot certificate carries the limit “Holder does not meet ICAO 

requirements.”

(9) To demonstrate the aircraft in flight to a prospective buyer if you are an aircraft salesperson.

(10) In a passenger-carrying airlift sponsored by a charitable organization.

(11) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, whichever is higher.

(12) When the flight or surface visibility is less than 3 statute miles.

(13) Without visual reference to the surface.

(14) If the aircraft:

(i) Has a VH greater than 87 knots CAS, unless you have met the requirements of 

§ 61.327(b).

(ii) Has a VH less than or equal to 87 knots CAS, unless you have met the requirements of 

§ 61.327(a) or have logged flight time as pilot in command of an airplane with a VH less 

than or equal to 87 knots CAS before April 2, 2010.

(15) Contrary to any operating limitation placed on the airworthiness certificate of the aircraft 

being flown.

(16) Contrary to any limit on your pilot certificate or airman medical certificate, or any other 

limit or endorsement from an authorized instructor.

(17) Contrary to any restriction or limitation on your U.S. driver's license or any restriction or 

limitation imposed by judicial or administrative order when using your driver's license to satisfy 

a requirement of this part.

(18) While towing any object.

(19) As a pilot flight crewmember on any aircraft for which more than one pilot is required by 

the type certificate of the aircraft or the regulations under which the flight is conducted.

Unlike a conventional aircraft that carry pilot, passengers, and cargo, the proposed UAS are remotely 

controlled and carry no persons or cargo. The UAS are capable of a high degree of flight automation and 

employ technical capabilities that limit the potential for operation in an unintended manner. It is the 
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petitioner’s belief that given the size, weight, speed, operating environment, and operating capabilities 

of the UAS, an equivalent level of safety may be obtained by stipulating the UAS PIC must hold either an 

airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 

Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the 

flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or 

her pilot certificate. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 

11284, 11281, 11282, 11296, and 12656.

14 CFR § 91.7(a) – Civil Aircraft Airworthiness

Regulation 91.7 stipulates (a) No person may operate a civil aircraft unless it is in an airworthy condition.

Should this exemption be granted allowing commercial operation of UAS without an airworthiness 

certificate, no FAA regulatory standard will exist for airworthiness of the UAS. An equivalent level of 

safety will be obtained by ensuring compliance with UAS operator and maintenance manuals and safety 

checklists prior to each flight.

14 CFR § 91.9(b)(2); 91.203(a) and (b) – Aircraft Flight Manual in the Aircraft

Regulation 91.9 stipulates (b) No person may operate a U.S.-registered civil aircraft (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. Regulation 91.203 states (a) Except as provided in 

paragraph (d) of this section, no person may operate a civil aircraft without complying with the 

operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and 

placards, or as otherwise prescribed by the certificating authority of the country of registry, and (b) No 

person may operate a U.S.-registered civil aircraft (1) For which an Airplane or Rotorcraft Flight Manual 

is required by§ 21.5of this chapter unless there is available in the aircraft a current, approved Airplane 

or Rotorcraft Flight Manual or the manual provided for in § 121.141(b); and (2) For which an Airplane or 

Rotorcraft Flight Manual is not required by§ 21.5 of this chapter, unless there is available in the aircraft 

a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof.

Given the size of the UAS, they have no place or ability to carry a flight manual aboard the aircraft. An 

equivalent level of safety will be achieved by keeping the flight manual at the GCS where the pilot 

operating the UAS will have immediate access. The FAA has issued several exemptions to this regulation: 

see Exemptions Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 10167, 10602, 32827, 10700, and 12656, 

13706.

14 CFR § 91.103 – Preflight Action

Regulation 91.103 stipulates Each pilot in command shall, before beginning a flight, become familiar 

with all available information concerning that flight. This information must include—(a) For a flight 
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under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, 

alternatives available if the planned flight cannot be completed, and any known traffic delays of which 

the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports of intended 

use, and the following takeoff and landing distance information: 

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and 

landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable 

information appropriate to the aircraft, relating to aircraft performance under expected values of 

airport elevation and runway slope, aircraft gross weight, and wind and temperature.

The petitioner seeks exemption to the extent that an FAA-approved Flight Manual is required. An 

equivalent level of safety will be provided by following the Operations Manual provided by the 

manufacturer. Additionally, the PIC will conduct preflight actions, to include performing all required 

checklists, reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft 

performance data, and contingency landing areas, before initiation of flight.

14 CFR § 91.109(a) – Flight Instruction

Regulation 91.109 stipulates, in part, that (a) No person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls.

UAS by their design do not have fully functional dual controls. Flight control is accomplished through the 

use of a control interface that communicates with the aircraft via radio. Given the size, speed and 

limited operational parameters of the UAS, an equivalent level of safe training can be performed 

without dual controls. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 

11066, 11062, 11067A, 11065, and 12656.

14 CFR § 91.119 – Minimum Safe Altitudes

Regulation 91.119 stipulates, in part, that, Except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over 

congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet 

of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.

An exemption to 91.119(c) is required because UAS operations will be conducted at altitudes no greater 

than 400 feet above the surface. The size, speed, weight and limited operational parameters of the UAS

allow for an equivalent level of safety.
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4 CFR § 91.121 – Altimeter Settings

Regulation 91.121 requires that (a) Each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating— (1) Below 18,000 feet MSL, to— (i) The current reported altimeter setting of a station along 

the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area 

prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate 

available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before departure.

Conventional aircraft are provided altitude data by a barometric altimeter that is most commonly set to 

a local barometric pressure and therefore reports altitude relative to MSL (Mean Sea Level). UAS

operations are restricted to altitudes no greater than 400 feet AGL. For those UAS with a barometric 

sensor, greater utility and an equivalent level of safety will be obtained by setting the altimeter to read 

“zero altitude” when the UAS is on the ground prior to takeoff thus providing an AGL altitude readout. If 

no barometric sensor is aboard the UAS, a GPS derived altitude similarly set to zero at the takeoff point 

will provide an equivalent level of safety. The FAA has issued several exemptions to this regulation: see 

Exemptions Nos. 11066, 11065, 11062, 11063, and 12656.

14 CFR § 91.151 – Fuel Requirements for Flight in VFR Conditions

Regulation 91.151 stipulates that (a) No person may begin a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed—(1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a 

rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least 20 minutes.

This regulation is written based on the capabilities of traditional civil aircraft which typically have flight 

times with full fuel of several hours. For the majority of UAS which have flight times of an hour, or much 

less, this regulation would effectively deny ability for the UAS to operate. The petitioner submits that an 

equivalent level of safety will be obtained by requiring that no UAS flight will begin unless (considering 

wind and forecast conditions) there is enough fuel (battery) to fly the planned route to the first point of 

intended landing and land with 25% of battery capacity in reserve. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 

The FAA has issued several exemptions to this regulation: see Exemptions Nos. 2689F, 5745, 10673, 

10808, and 12656.
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14 CFR § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b) – Maintenance and 

Inspections

Regulation 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in Subpart E of this Part, and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in Part 43 of this chapter...” 

Regulation 91.407(a)(1) similarly makes reference to requirements in Part 43. Regulation 91.409(a)(2) 

requires an annual inspection for the issuance of an airworthiness certificate. Regulation 91.417(a) and 

(b) requires the owner or operator to keep records showing certain maintenance work that has been 

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the 

aircraft for return to service.

Exemption from these regulations is needed because Part 43 and these sections apply only to aircraft 

with an airworthiness certificate. An equivalent level of safety will be obtained by requirement that each 

UAS will have a flight and maintenance log.

Maintenance and inspections will be accomplished in accordance with manufacturer recommendations. 

The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11066, 11062, 11067A, 

11065, and 12656.

Why	Granting	this	Petition	is	in	the	Public	Interest

As introduced above, the requested exemption would authorize the Applicant to perform commercial 

operations with UAS that will provide significant benefits to the public interest:

1. The use of UAS to perform research and educational activities at Grand Valley State University –

Annis Water Resources Institute in support of government entities, private research institutions, 

and scientific studies, all of which are critical to the well-being of the general public. This 

includes the assessment of critical habitats, wildlife monitoring, the development of programs 

to manage invasive species, evaluation of USEPA and Michigan Department of Environmental 

Quality sponsored water quality Best Management Practices (BMPs) such as “Green 

Infrastructure” BMPs , measurement of air pollution, movement of viruses and pathogens in the 

air and water, management of forest health, modeling of stream bank erosion, and the rapid 

examination of Hazardous Algal Blooms (HABs). 

2. The use of UAS would make possible the collection of information at a density and quality that is 

currently unavailable using any other technique. For those data that can be collected using 

conventional aircraft and satellites, GVSU/AWRI and by extension the residents of Michigan will 

enjoy substantial savings in time, cost, and human resources. 
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3. The use of UAS will decrease congestion in the National Airspace System along with reducing the 

noise and air pollution generated during traditional manned aircraft flight operations.

4. When using UAS to complement field personnel, they reduce safety concerns when gathering 

data from inaccessible or unstable/unsafe areas and in extreme weather or terrain.

5. Operation of UAS will substantially reduce the risk to life and property in the air, and on the 

ground, which is commonly associated with traditional manned aircraft flight operations for 

marine and terrestrial science missions.

6. Similar to the current manned aircraft flight operations that have been conducted for many 

decades, UAS used for similar tasks will not generate any new privacy issues.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s 

(the FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish 

requirements for the safe operation of such aircraft systems in the national airspace system." Approval 

of this exemption will allow for safer, more efficient, and less costly science missions, and produce much 

higher data quality.